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[1649] 1 Brn 396      

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by ROBERT MACGILL, LORD FOORD.

Gawin Sympsone
v.
Hill and Puntoune

Date: 28 June 1649

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In the process at Gawin Sympsone his instance against Hill and Puntoune,—it was excepted chiefly by Robert Hill, That he could not build a house in that his waste, lest he should wrong the said Robert his lights. To the which it was replied, That the pursuer might build on his own ground as high as he liked, if the defender were not able to show, that he had such a servitude, ne altius tolleret aut luminibus officeret. Which the Lords sustained.

Page 20.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1649/Brn010396-1049.html